Finance Act 2004

217 Persons liable to charge U.K.

(1) The persons liable to the lifetime allowance charge are—

(a) the individual, and

(b) the scheme administrator of the pension scheme,

and their liability is joint and several.

[F1 (1A) Subsection (1) is subject to subsections (2) and (2A).]

(2) [F2 Where] the liability arises by reason of the payment of a relevant lump sum death benefit it is a liability of the person to whom the lump sum death benefit is paid.

[F3 (2A) Where the liability arises by reason of a designation mentioned in the description of benefit crystallisation event 5C, [F4 or by reason of a person becoming entitled to an annuity as mentioned in the description of benefit crystallisation event 5D,] it is a liability of the dependant or nominee (as the case may be).]

[F5 (3) Subsection (4) applies if—

(a) two or more relevant post-death benefit crystallisation events occur in respect of an individual, and

(b) tax is not chargeable on the whole of the total of the amounts crystallised by them.

(4) The person liable under subsection (2) or (2A) to the lifetime allowance charge charged by reason of the occurrence of any one of the relevant post-death benefit crystallisation events is liable to such portion of the total amount of the tax payable by reason of the relevant post-death benefit crystallisation events having occurred as appears to an officer of Revenue and Customs to be just and reasonable.

(4A) For the purposes of subsections (3) and (4), a benefit crystallisation event is a “relevant post-death benefit crystallisation event” if it is benefit crystallisation event 5C [F6 , 5D] or 7.]

(5) A person is liable to the lifetime allowance charge whether or not—

(a) that person,

(b) any other person who is liable to the lifetime allowance charge, and

(c) the scheme administrator (if not so liable),

are residentF7 ... or domiciled in the United Kingdom.

Textual Amendments

F1 S. 217(1A) inserted (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), Sch. 2 para. 22(2)

F2 Word in s. 217(2) substituted (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), Sch. 2 para. 22(3)

F3 S. 217(2A) inserted (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), Sch. 2 para. 22(4)

F4 Words in s. 217(2A) inserted (26.3.2015) by Finance Act 2015 (c. 11), Sch. 4 para. 5(2)

F5 S. 217(3)-(4A) substituted for s. 217(3)(4) (6.4.2015) by Taxation of Pensions Act 2014 (c. 30), Sch. 2 para. 22(5)(6)

F6 Word in s. 217(4A) inserted (26.3.2015) by Finance Act 2015 (c. 11), Sch. 4 para. 5(3)

F7 Words in s. 217(5) omitted (with effect in accordance with Sch. 46 para. 132 of the amending Act) by virtue of Finance Act 2013 (c. 29), Sch. 46 para. 127

Modifications etc. (not altering text)

C1 S. 217 modified (6.4.2006) by The Registered Pension Schemes (Splitting of Schemes) Regulations 2006 (S.I. 2006/569), regs. 1(1), 3(1)(2), Sch. 3 Pt. 1

C2 Ss. 214-226 applied by 2003 c. 1, s. 636A(5) (as inserted (6.4.2006) by Finance Act 2004 (c. 12), s. 284(1), Sch. 31 para. 11 (with Sch. 36))

C3 Ss. 214-226 applied (with modifications) (1.5.2010) by The Financial Assistance Scheme (Tax) Regulations 2010 (S.I. 2010/1187), regs. 1(1), 5-11

Commencement Information

I1 Ss. 160-274, 281, Schs. 30-35 in force at 6.4.2006 but any power to make an order or regulations under those provisions may be exercised at any time after Royal Assent, see s. 284